AB 609 – CEQA Exemption for Infill Housing Development
California lawmakers are taking action to move toward housing affordability with a bill that exempts infill housing projects that satisfy certain criteria from environmental review. The California Assembly Housing and Community Development Committee on April 30, 2025, voted 8 – 0 to pass a bill that would exempt most new infill housing developments from the California Environmental Quality Act (CEQA).
Our Monterey County land use attorneys at JRG Attorneys At Law, led by Partner Jason Retterer and Founding Partner Jeff Gilles, bring decades of experience navigating California's complex regulatory environment. With a deep understanding of CEQA and land use law, the team is well-equipped to help individuals and businesses understand how recent legislative changes, like AB 609, may impact their development projects.
What is CEQA?
CEQA, which passed 55 years ago, requires governmental decision makers to undertake a public process to review, disclose, and mitigate the environmental impact of any projects. It is a key tool often used by project opponents to challenge projects. Governmental agencies typically require applicants to prepare costly and time-consuming technical studies and analyses in an effort to prepare decision makers and preempt potential legal challenges.
The CEQA Implementing Guidelines include 33 categories, or classes, of exemptions (“categorical exemptions”), including infill development, replacement or reconstruction, and minor alterations. However, if certain exceptions set forth in the Guidelines are triggered, then a governmental agency cannot rely on a categorical exemption.
CEQA also has numerous statutory exemptions, which are not subject to the exceptions that categorical exemptions. CEQA categorical and statutory exemptions are key tools for governmental agencies to streamline project approvals.
How AB 609 Impacts CEQA
Assembly Bill AB 609, sponsored by Assemblymember Buffy Wicks (D-Oakland), is intended to facilitate “environmentally friendly” housing development by amending the CEQA statute to add an exemption for infill housing projects.
Infill development is generally considered to be efficient and environmentally favorable compared with development on undeveloped land. As this would be a statutory exemption, the exceptions noted above would not apply.
CEQA Exemption Criteria for Housing Developments
In order to be exempt from CEQA under the proposed bill, a housing development must meet several conditions, including being on a project site under 20 acres, being located in an urban area, and being consistent with the general plan and zoning regulations. The exemption would not apply to any housing project that varies from what is allowed under local zoning rules and requires special approval.
The bill is one of 22 housing bills included in a “Fast Track Housing Package” that Wicks and a bipartisan group of legislators are pushing to facilitate housing development. It will next go to the Assembly Appropriations Committee and, if successful, to the Assembly.
How We Can Help
The land use attorneys at JRG Attorneys At Law have extensive experience guiding clients through the complexities of development and environmental review processes in Monterey County. With in-depth knowledge of CEQA and evolving legislation like AB 609, our team can help you assess how these changes may impact your projects.
Get in touch to discuss your legal needs or arrange a consultation with our team. Contact us online or call (831) 228-5619 today!